Could this SCOTUS case push America toward one-party rule?

The Supreme Court will take up the case of Moore v.Harper in the fall. Everything you need to know is listed here.

What's at stake in 'Moore v. Harper'?

A voter named RebeccaHarper is being sued by the speaker of the North Carolina House of Representatives. The independent state legislature doctrine asserts that only the state legislature has the power to regulate federal elections without interference from state courts.

The "Times, Places, and Manner of holding elections for Senators and Representatives" is stated in the U.S. Constitution. State courts have no power to interfere if the legislature blatantly violates the state constitution, according to proponents of the independent state legislature doctrine.

In this case it did. The proposed map was found to be unconstitutional by the North Carolina Supreme Court in February. The constitution of the state of North Carolina.

The situation in North Carolina is not clear cut. Two decades ago, the state's General Assembly passed a law that gave state courts the power to review electoral maps. Moore's lawyers need to prove that the legislature violated the constitution.

The case was accepted by the Supreme Court on June 30. Supreme Court justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh have all said they would be open to Moore's arguments. The Washington Post's editorial board suggests that Chief Justice John Roberts, who three years ago left open the possibility that state courts could overrule partisan gerrymanders, is nowpoised to side with Moore. A possible swing vote is considered by the board. The court's liberals are expected to reject the doctrine.

The case will be heard during the term beginning in October 2022, with a decision expected in the summer of 2023 just in time for the elections.

What about the Electoral College?

Ryan Cooper wrote in January that the state of Wisconsin is a one-party state. State legislative districts are gerrymandered in favor of the Republicans. If the Supreme Court sides with Moore, the GOP-controlled Legislatures in states like Wisconsin would have the power to rig elections to the US House of Representatives.

It could go on and on. Section 1 of the U.S. constitution gives each state the power to "appoint a number of electors equal to that state's number of senators and representatives." There is no mention of the popular vote in the clause. State legislators have the power to appoint whoever they want to the Electoral College. The same reasoning is likely to apply to presidential elections if SCOTUS sides with Moore next summer. The Bush v. Gore case gave George W. Bush the presidency.

Each state's slate of electors needs to be certified by the governor of that state. This law can prevent the Republican-led legislature from giving the state's electoral votes to a losing candidate.

If the doctrine of the independent state legislature is correct, the governor has no right to take away the powers of the legislature. The provision of the electoral count act would be struck down.

Cooper wrote that this idea is becoming a Republican idea. John Eastman's strategy to overturn the 2020 presidential election was based on persuading Republican controlled states to submit alternate slates of Republican electors. He assumed that the ECA is likely unconstitutional.

What's the worst-case scenario?

If SCOTUS rules in Moore's favor, there will be nightmare scenarios that will arise.

Biden would win the popular vote in Georgia, North Carolina, Wisconsin, Michigan, Pennsylvania, and Arizona if he were to run for president in 2024. The GOP-controlled legislatures of six states decided to ignore the will of the voters and give their 88 electoral votes to DeSantis, making him the president-elect.

Republicans control both legislative houses in 29 states, plus the unicameral legislature of Nebraska, and they might soon be able to gerrymander themselves into a permanent majority. The states have enough electoral votes to win the presidential election.

Christine Adams argued that it was difficult to see the desire to put sole control of election rules in the hands of a partisan legislative body as anything more than a power grab. The Los Angeles Times stated that the independent state legislature theory would create an outcome of one-party rule.

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